Case Law Details
Case Name : Harinagar Sugar Mills Limited Vs. ACIT (ITAT Mumbai)
Related Assessment Year : 2005- 06
Courts :
All ITAT ITAT Mumbai
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ITAT MUMBAI BENCH ‘H’
Harinagar Sugar Mills Ltd.
versus
Assistant Commissioner of Income-tax, Ward-4(2), Mumbai
IT Appeal No. 9037 (Mum.) of 2010
[ASSESSMENT YEAR 2005-06]
NOVEMBER 21, 2012
ORDER
Rajendra, Accountant Member
The present appeal is directed against the order date 18-10-2010 of the CIT(A)-11, Mumbai. Following Grounds of Appeal have been raised by the appellant.
(1a) The Ld. CIT(Appeals) erred in confirming dis allowance of Rs. 13,38,645/- being foreign tour expenses of accompanying spouse of the Directors of the company purported to be personal expe...
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Foreign travelling expenses incurred by the company on travel of directors and their family members is general in present business scenario and globalization of marketing policies. Through travelling the businessman learn market development policies applied in different areas considering the environment and its effect on consumer product. So while deciding the allowability of these type of expenditure the Department should have consider all aspect as true businessman. Further the principle laid down in the case of Bombay Mineral Supply Co. (P.) Ltd is good law to understand both side:
“We are sure that tax collectors do not want to discourage business executives and managing directors from undertaking foreign tours for business purposes nor to deprive them of the company of their wives in such tours, but for that we do not think that, in law, it would be permissible for the Income-tax Officer to allow the expenses incurred for rendering such company, however necessary and enjoyable it may be from the point of view of the personal needs of those executives.”